77   Manner of determining appeal

(1)  Where an appeal is made to the Minister under section 76:

(a)  if the Minister is of the opinion that the matter the subject of the appeal has special significance for the conservation of an item of the environmental heritage, he or she shall determine that appeal, or

(b)  if the Minister is not of that opinion, he or she shall remit that appeal for hearing and determination by the Court.

(2)  The Minister shall cause notice of his or her decision under subsection (1) to be given to the person making the appeal.